Lester Henry Robinson v. U.S. Attorney General

USCA11 Case: 21-13822 Date Filed: 10/13/2022 Page: 1 of 11 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-13822 Non-Argument Calendar ____________________ LESTER HENRY ROBINSON, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A041-653-139 ____________________ USCA11 Case: 21-13822 Date Filed: 10/13/2022 Page: 2 of 11 2 Opinion of the Court 21-13822 Before JORDAN, NEWSOM, and BRASHER, Circuit Judges. PER CURIAM: Lester Robinson, proceeding pro se, petitions this Court for review of the order of the Board of Immigration Appeals (“BIA”) affirming the immigration judge’s denial of withholding of removal under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”), 8 C.F.R. § 1208.16(c). Robinson argues that the immigration judge and BIA erred in denying his application for CAT relief by using incorrect legal standards and failing to provide reasoned consider- ation to his evidence. We disagree and deny the petition. I. Robinson, a native and citizen of Jamaica, was admitted to the United States in 1988 as a lawful permanent resident. In Febru- ary 2021, the Department of Homeland Security served Robinson with a notice to appear, which charged him with removability un- der the Immigration and Nationality Act Section 237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii), and Section 237(a)(2)(B)(i), 8 U.S.C. § 1227(a)(2)(B)(i), because he had been convicted for conspiracy to possess with intent to distribute cocaine in 1994. Robinson filed his first application for asylum, withholding of removal, and CAT protections on March 18, 2021. In that appli- cation, he stated that he feared that if he were removed to Jamaica, he would be prosecuted or tortured because he is a gay man, and USCA11 Case: 21-13822 Date Filed: 10/13/2022 Page: 3 of 11 21-13822 Opinion of the Court 3 Jamaica is homophobic. Additionally, Robinson alleged that his un- cle beat him when he was a child because he believed that Robin- son was gay, and that he experienced other forms of homophobia in Jamaica. On April 29, 2021, Robinson filed an amended asylum appli- cation reasserting his sexual-orientation claim and adding a claim that he would be persecuted or tortured on account of his family’s connection to the Jamaica Labor Party if he were to return to Ja- maica. He included a statement declaring that supporters of the People’s National Party murdered his cousin, Jerome Haywood, 20 years ago because of his affiliation with the Labor Party, and that affiliates of the People’s National Party murdered Jerome Hay- wood’s nephew, Shandel Haywood, in 2019. He wrote that gay men faced derision in Jamaica and were “beaten and at times killed” because of their sexual orientation. He also stated he witnessed Ja- maican police officers beat two gay men who they caught kissing in a Kingston market when he was approximately 14 years old. Robinson added that inmates he met while incarcerated in the United Sates spread word to people in Jamaica …

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals